Item No: 5C.

Meeting Date: June 25, 2012

From: Betty Richardson, City Clerk

Subject: Ordinance revising the Charter changes wording to be on the November 6, 2012 General Election

Staff Recommendation:

Staff recommends approval of the ordinance changing the wording approved by Ordinance 12-18, adopted February 27, 2012, calling for a referendum to approve the changes to the Charter of the City of Leesburg.

Analysis:

The Commission appointed an eleven member Charter Review Committee. The Committee met four times and prepared the changes presented at the January 23, 2012, Commission meeting. The Commission approved the changes recommended by the Committee by a four to one vote and approved calling for a referendum for voters to make the final decision on the changes at the November 6, 2012 election.

Florida Statue 101.161states the referendum question can only be seventy-five words. In an attempt to make the question very clear, there were one hundred twenty-six words in the original referendum question Ordinance sent to the Supervisor of Elections.

The Supervisor of Elections office rejected the question and requested a re-write with no more than seventy-five words. City Attorney Morrison prepared a succinct question that is exactly seventy-five words.

Options:

1. Approve the new ordinance with the referendum question of seventy-five words; or

2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:

Cost incurred will be the time charged by the City Attorney to rewrite the referendum question.

Submission Date and Time: 6/22/2012 2:29 PM____

Department: ______________________ Prepared by: ______________________ Attachments: Yes____ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review : Yes___ No ____ _________________________________ Revised 6/10/04

Reviewed by: Dept. Head ________ Finance Dept. __________________ Deputy C.M. ___________________ Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget ______________________ Available _____________________

ORDINANCE NO. __

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING ORDINANCE 12-18 PREVIOUSLY ENACTED, CALLING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2012, FOR THE PURPOSE OF PROPOSING TO THE ELECTORATE A REVISED CITY CHARTER WHICH UPDATES AND SIMPLIFIES THE CHARTER AS A WHOLE; AMENDING THE WORDING OF THE QUESTION TO BE PLACED ON THE BALLOT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE FOR BOTH THIS ORDINANCE AND THE REVISED CITY CHARTER, IF APPROVED BY THE ELECTORATE.

WHEREAS, the City Commission of the City of Leesburg, Florida, previously appointed a Charter Review Committee (the “Committee”) to conduct a comprehensive review of the Charter of the City of Leesburg and to recommend changes, deletions and additions to the Charter; and

WHEREAS, the Committee as a result of its meetings has produced a comprehensive revision to the Charter which was forwarded to the City Commission for its consideration, and

WHEREAS, at its regular meeting on January 23, 2012, the City Commission by a vote of 4 to 1 approved the changes in the Charter recommended by the Committee, and

WHEREAS, to implement the recommendations of the Committee will require approval by the voters of the City of Leesburg in a referendum election, and

WHEREAS, the ballot question previously proposed by Ordinance No. 12-18 was rejected by the Supervisor of Elections as too lengthy, making it necessary to adopt an amended ballot question of not more than 75 words,

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

A referendum election is hereby called to be held on November 6, 2012, to present to the voters of the City of Leesburg the ballot question provided for in this Ordinance. The Supervisor of Elections of Lake County, Florida, is hereby requested to coordinate all matters related to the referendum election with the City Clerk, the Division of Elections of the Florida Department of State, and the City Manager.

The City Clerk is directed to ensure that the advertising and notice requirements imposed by §100.342, Fla. Stat. (2011) (as it may be amended by the 2012 Florida Legislature) are complied with, and to coordinate with the Supervisor of Elections all activities necessary to conduct the referendum election.

SECTION II.

The question placed on the referendum ballot shall read as set forth below:

Shall the Charter of Leesburg be amended to update it, impose term limits and six month residency requirements for Commissioners, exclude convicted felons from being Commissioners without restoration of civil rights, allow the City Manager to call a Commission meeting under certain circumstances, permit issuance of subpoenas in any investigation of City affairs, provide for acceptance of real property interests, conform the provisions governing elections to State law, and simplify the provisions governing advisory boards?

Yes

No

SECTION III.

If the proposed amendment to the Charter is approved by the voters in the referendum election, the provisions of this Ordinance shall become and be made the Charter of the City of Leesburg. The sections of this Ordinance may be renumbered or re – lettered to accomplish that purpose. The codifier of the Leesburg Code of Ordinances is granted liberal power and authority to codify the new Charter and in the process to make such harmonizing, technical or editorial changes and notes as are necessary so long as they do not affect the substantive provisions of the new Charter.

SECTION IV.

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety, PROVIDED HOWEVER that Ordinance No. 12-18 adopted previously in connection with the aforesaid referendum shall continue in full force and effect as originally adopted, except insofar as it is modified expressly by this Ordinance.

SECTION V.

If any portion of this Ordinance or the revised Charter is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION VI.

This Ordinance shall become effective upon its passage and adoption according to law. The revised Charter, if approved by the voters, shall take effect upon certification of the results of such referendum by the Supervisor of Elections.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the day of , 2012.

THE CITY OF LEESBURG, FLORIDA

BY:

MAYOR

Attest:

CITY CLERK